The Portland daily press., 1887-02-24
THE ELIZA a. ThomES.
Decision in the Case of the Master
and Crew.

In the United States Court, yesterday. the
case Of the master and crew of the fishing
schooner Eliza A. Themes closed and very
important decision was rendered.
On the 18th day of September, 1856, the
schooner was wrecked while attempting to
enter the harbor of Malpeque, Prince Ed
ward Island. The schooner was owned by
c. ID. Themes, and was insured in the Port
land Mutual Fishing Company, and was
abandoned to that company by the owner.
The insurance company sent an agent to
Malpeque, who sold the hull of the schooner
and forwarded her sails and gear to Port
land. at the time of the wreck the crew
of the schooner saved 1913 barrels of mack
erel, and the same was forwarded to Port
land and sold by Mr.. Themes, the owner and
agent Of the schooner.
The master and crew had signed the usual
shipping articles for vessels engaged in mack
erel fishing.
This suit was brought by the master and
crew OF the mackerel schooner to recover the
value of their share Of the fish saved, and
they also claimed lien on a seine. also
saved, and for the proceeds of the sale of the
hull of the schooner by the agent of the in
surance company, and on the remnants of
the schooner which was in the custody of the
insurance company in Portland The case
was very closely contested. Woodman &
Thompson appeared for the crew. Holmes
d Payson for the insurance company, and N.
d ID. b. Cleaves for c. d. Themes, the own
er of the vessel.
The company was ordered to pay into
court the amount in their hands from the
sale of the hull, less the actual expense of
the sale, and to surrender to the United
States Marshal the remnants of the schooner.
The insurance company interviewed in the
suit, claiming to have a lien prior to that of
tne master ana crew, ana also that the master
and crew OF vessel engaged in the mackerel
fishery were not entitled to lein for their
snare OF the fish, as the crew of a vessel in
the bank and cod fishery would be. They
claimed that the act of Congress, June 10th.
1913, giving a lien to the master and crew az
vessels engaged in the bank and other cod
fisheries, for six months after the fish was
sold, could not be extended SO as to give the
same right to the master and crew Of vessels
IN the mackerel fishery. That the Act of
Congress of March Sd, 1865, only amended
the first section of the act of 1873 Or. S. sec.
4391-2-3-4)
The court held that Congress intended bv
the act of 1865, to place the master and crew
of vessels engaged mackerel fishing on the
same footing with those in the cod fishing
prior to that time. That the master and
crew in this case were entitled to lien on
the proceeds received by the insurance COM
pany from the sale of the sails and other
remnants forwarded to Portland, deducting
only those expenses which were incurred by
the company, in saving and forwarding the
property. That the master and crew of
fishing vessels are entitled to lien on the
remnants OF vessels, the same as seamen in
the merchant service. This decision of
Judge Webb is regarded as being of the
greatest Importance to the masters and crews
of vessels engaged in the mackerel fisheries.
and is Of more interest as the point was
never raised before.